Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 - SECT 10D

  (1)   A person commits an offence against this section if:

  (a)   the person exports controlled material from Australia to another country:

  (i)   knowing that it will be dumped into the sea or incinerated at sea; or

  (ii)   reckless as to whether it will be dumped into the sea or incinerated at sea; and

  (b)   if the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub - seabed geological formation--the export of the material is not in accordance with a permit.

  (2)   An offence against this section is punishable, on conviction, as follows:

  (a)   if it is proved that any of the offending material is seriously harmful material--imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

  (b)   if it is proved that any of the offending material is not within Annex   1 to the Protocol--imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

  (c)   in any other case--imprisonment for up to 1 year or a fine up to 250 penalty units, or both.